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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 9985
Experience:  30 years as a practising solicitor.
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I have separated from partner of 15yrs. we have a joint name

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I have separated from partner of 15yrs. we have a joint name mortgage but I reside at a council property with shared access to both our kids. I have low income due to M.S reducing my work hours over last 6 years. He has full-time job and is paying house himself but my names still on paperwork although RBS have been advised I don't live there now. Will he have to buy me out to sort this, I owe Trust Deed Co. payments, my circumstances are even worse than they were when I last updated them. Will the house be looked at as capital? I was advised before signing Deed that £10,000 debt was in my name and I did not want to lose home or put it at risk. I was told my home was not at risk and my then partner would not be affected as I want all debt cleared in my name.
Thank you for your question which I have answered as part of another post. I suggest you close this thread and use the others.
Customer: replied 3 years ago.
Relist: I still need help.
the mortgage is in joint names, my ex partner advised me awaits Lawyer instructing his fin.advr of the best process to go through. remortgaging to buy me out Hes not in agreement, wont let me back into house ubsupervised by him. i dont understand where I stand legally? my rights ?
At the moment, your ex owns one half of the house and your trustee owns the other. If the trustee is seeking his share on the house then the options are for a sale or for your ex to buy out the trustee.

What is it that you want to achieve here?
Customer: replied 3 years ago.

I want to exclude my name on mortgage details as I no longer reside at property. I am unsure of how I get my ex-partner to buy me out, does this mean he has to remortgage as a lone person on mortgage and once my names off the paperwork I can then apply to trust deed to re-instate me as a trust deed customer or LILA (low income debt scheme). Im still not in receipt of any social benefits regularly as claims awaiting to be processed for Income support & disability living allowance. The "family home" has to be split into 2 beneficiaries, being our son & daughter as and when m/gage is paid and my ex-partner assures me that the house Has to be left to the kids. In short-term tho, will my trust force sale of house to get back only £8500 approx? Where does that leave my ex in terms of secure housing for him & kids as access relies on him having a nice home to have children 3xdays per week.??

You have signed a trust deed. You no longer have a say in this. Your ex will have to buy out the trustee by remortgaging if that is necessary.
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Customer: replied 3 years ago.

I am worried that my ex will not get a mortgage alone based on his income although his credit report is good, unlike mine. We seperated last year and he has been paying house on his own since.

I have not spoken to trust deed for months, they havent received any payment from me and I am unsure as to what to do now. I suffer from anxiety and depression since Multiple sclerosis diagnosis 5 years ago. Im afraid to call Trustee back as last time I was advised that I am now worse off than I was back in 2011 when signing trust deed. Ive been to citizens advice, who said that the trust deed means they cannot interfere with these debts or situation. I want to know if trustees end any deed formed with non payment long term being the reason? Or do they want paid for any services already performed on my behalf to date? Am I breaking the law with regards XXXXX XXXXX at present? Im terrified of dealing with this but know its importance and feel let down as consultant assured me that in no way would my partner or the house come into my affairs as I clearly couldnt risk losing home for him and kids. I feel stupid and afraid.


If you are in breach of your agreement with the trustee he could just petition the court for your sequestration. I think you should contact him either directly or through your solicitor. The house clearly is going to be relevant as the share of the house is part off your estate. You must deal with this and not hide from it.
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Customer: replied 3 years ago.

what does petition the court for my sequestration mean?

I am going to contact the trustee as I have alot of changes in circumstance since last contacted. I used to be able to deal with my own paperwork and hence signed trust deed, however my ongoing MS is making it difficult to even see a whole day through without probs, My memory is awful and Im scared I make the situation worse, if thats possible.

A petition for sequestration would mean the end of the trust deed and a bankruptcy under the supervision of the court.
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